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HOWARD P. FOLEY CO. v. J. L. WILLIAMS & CO., INC.

No. 79-1867.

622 F.2d 402 (1980)

The HOWARD P. FOLEY COMPANY, Appellant, v. J. L. WILLIAMS & CO., INC., Highlands Insurance Co., and Standard Brands, Inc., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided June 5, 1980.

Attorney(s) appearing for the Case

Thomas J. Wingfield, Varner, Stephens, Wingfield, McIntyre & Humphries, Light Tower, Atlanta, Ga. (argued), and H. Clay Robinson, Pryor, Robinson, Taylor & Barry, Fort Smith, Ark., on brief, for appellant.

L. Cody Hayes, Warner & Smith, Fort Smith, Ark., for Standard Brands, Inc.

L. W. Anderson (argued), and Marvin Jones, Dallas, Tex., on brief, for J. L. Williams & Co., Inc.

Before LAY, Chief Judge, ROSS, Circuit Judge, and LARSON, District Judge.

ROSS, Circuit Judge.

This action arose out of the construction of a nut processing plant and warehouse in Fort Smith, Arkansas. A contract was entered into between appellee Standard Brands, Inc. (Standard Brands), the project owner, and appellee J. L. Williams & Co., Inc. (Williams), the prime contractor. A number of subcontractors were retained to work on the project, including appellant, The Howard P. Foley Company (Foley), who was hired to do the electrical...

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